Last update: 17-04-2024
These terms of use (“Terms”) governs the use of the website, www.roojh.com and our mobile application, owned and operated by Roojh India Pvt Ltd a company duly incorporated under the provisions of the Indian law having registered office at Gurugram, Haryana, ( “Roojh”/“we”/ “our”/ “us”) by you (“you” or “your” or the “user”). The website/ application and/or our services are collectively referred to as the (“Platform”).
1. NATURE AND APPLICABILITY OF TERMS
1.1 Your access or use of the Platform, transaction on the Platform and use of our services hosted or managed remotely through the Platform, are governed by the terms and conditions, including the applicable policies. These Terms of Use constitutes a legal and binding contract between you on one part and Roojh on the other part.
1.2 By accessing, browsing, interacting or in any way transacting on the Platform, or availing any services, you signify your agreement to be bound by these Terms of Use our policies, including the Privacy Policy available at https://www.roojh.com/privacy-policy/(“Privacy Policy”), and such other rules, guidelines, policies, terms and conditions as are relevant under the applicable law(s) in India and other jurisdictions for the purposes of accessing, browsing or transacting on the Platform, or availing any of the services, and such rules, guidelines, policies, terms and conditions shall be deemed to be incorporated into, and considered as part and parcel of these Terms of Use.
1.3 The Platform facilitates (i) online purchase of pharmaceutical products sold by various third-party pharmacies (“Third Party Pharmacies”); (ii) diagnostic services being offered by various third-party diagnostic centers (“Third Party Labs”); (iii) online medical consultancy services/ second opinion being offered by third party independent doctors (“Medical Experts”); and (iv) provide secure online, easy-to-access and share personal health records. The Third-Party Pharmacies, Third Party Labs, Medical Experts are collectively referred to as the “Third Party Service Providers”.
1.4 Roojh does not have any control over third-party links which are displayed on the Platform and is therefore not responsible for the protection and privacy of your information on these third-party websites. The inclusion of any third-party links, unless specifically stated, does not imply a recommendation or endorsement of the views expressed within them.
1.5 Since Roojh acts only as a portal for these services, it shall not have any liability whatsoever for any aspect of the relationship or transaction between you and the Third Party Service Provider.
2. INTERPRETATION
Words, regardless of the number and gender specifically used, will be construed to include any other number, singular or plural, and any gender, masculine, feminine, or neuter, as the context requires. “And” includes “or.” “Or” is disjunctive but not necessarily exclusive. “Including” means “including but not limited to.” Unless other specifically stated, the term “days” means working days.
3. COMPLIANCES
3.1 These Terms of Use is published in compliance of, and is governed by the provisions of Indian laws, including but not limited to:
i. the Indian Contract Act, 1872;
ii. the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
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4. YOUR ACCOUNT
4.1 To use majority of Platform services, you must register an account on the Platform. To create an account, you will be required to provide certain information to establish a username and a password.
4.2 You agree to provide accurate, current, and complete information during the registration process and to update such information to maintain its accuracy and completeness. Roojh reserves the right to suspend or terminate your account in the event any information provided during the registration process or thereafter proves to be inaccurate, outdated, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether you have authorized such activities or actions.
4.3 You may deactivate or suspend your Roojh account at any time by sending an email to Send deactivate@roojh.com OR visiting the URL https://www.roojh.com/about/! Suspension of your Roojh account does not relieve you of the obligation to pay any and all remaining amounts owing for your existing use of our services or any liability which may arise out of any activity on your account. Roojh reserves the right to refuse services to any person or entity at it sole discretion.
5. AGE
This Platform and the services hereunder are intended for persons above the age of 18 (Eighteen). If you are under the age of 18 (Eighteen) or the age of legal majority as per place from where you access the Platform, you may purchase access to the services only with the involvement of your legal guardian, subject to such legal guardian understanding and agreeing to these Terms of Use.
6. MODIFICATION TO THE TERMS OF USE
Roojh reserves the right to change or modify these Terms or any policy or guideline of the Platform including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Platform upon such changes or modification of the Terms will constitute binding acceptance of the modified Terms by you.
7. USE OF THE PLATFORM
7.1 You agree to use the Platform only for purposes that are permitted by (a) these Terms of Use and (b) any applicable laws, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
7.2 You agree to not engage in any activity, that may interfere with, disrupts, damage or access the Platform or any devices, servers, networks, or other properties or services in an unauthorized manner.
7.3 You agree and acknowledge that you shall be responsible for breach of any obligations under these Terms of Use, applicable third-party contract, applicable law, or regulation, and for the consequences of any such breach.
7.4 You understand and acknowledge that in addition to the purchase price of the services including third party services, you may be charged certain amount as ‘Subscription’.
8. USER CONDUCT AND RULES ON THE PLATFORM
You agree, undertake, and confirm that your use of the Platform shall be strictly governed by the following binding principles:
8.1 You shall not host, display, upload, modify, publish, transmit, update, or share any information which:
i. belongs to another person and to which you do not have any right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
iii. is misleading in any way;
iv. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
v. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
vi. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
vii. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
ix. contains video, photographs, or images of another person (with a minor or an adult);
x. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; xi. interferes with another user’s use and enjoyment of the Platform or any other individual’s user and enjoyment of similar services;
xii. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
xiii. violates any law for the time being in force;
xiv. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
8.2 A User may be considered fraudulent or loss to business due to fraudulent activity in the event:
i. Users fails to produce adequate documents during the payment details verification.
ii. Misuse of another User’s address/phone/email;
iii. Users uses invalid address/email/phone no.;
iv. Users refuses to pay for any services;
v. Miscellaneous activities conducted with the sole intention to cause loss to Roojh.
8.3 You agree and undertake that when accessing, viewing and/or posting any user generated content on these pages, you will not imitate, abuse, harass, any User or violate and exploit, any of these Terms.
8.4 You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
8.5 You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
8.6 You may avail the Services on the Platform or access the account of a person and/or a family member with written consent by such person, which we may request in our sole discretion. You shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
If you are registering / managing an account on behalf of your family member, you will be asked to provide confirmation that such person has consented you to register / manage / operate their account
9. PRIVACY
Please review our Privacy Policy, which also governs your visit to the Platform, to understand our practices. The personal information / data provided to us by you during usage of our Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use this Platform.
10. NATURE OF SERVICE AND LIMITATIONS
10.1
No Doctor-Patient Relationship between Us: i. We do not practice medicine and do not provide medical consultation. We merely provide a technology platform and infrastructure that enables you to connect with participating medical practitioners listed on the Platform and to use the messaging or communication facilities of the service that are designed to enable you to communicate with others to consult with a medical practitioner recommended to you.
ii. Medical practitioners listed on the Platform have signed / accepted contracts with us and represented to us that they are duly qualified to practice medicine in India and are enrolled on the Medical Register in one of the States in India. While we make reasonable enquiries to confirm the veracity of this representation made to us by the medical practitioners, we shall not be responsible for any misrepresentation or fraud in this regard. We do not recommend or endorse any medical practitioners or make any representations or warranties with respect to the quality of the medical services a medical practitioner may provide to you.
iii. The use of the Platform does not create a doctor/patient relationship between you and us. All medical consultation shall be provided to you by the concerned medical practitioner directly and as such, the medical practitioner you consult with shall be solely responsible for compliance with all requirements applicable to his or her professional services provided to you and liable to you for all medical consultation, medical advice, diagnosis, or treatment recommended or provided to you. We shall not be responsible or liable for any defect or deficiency in the medical consultation, diagnosis or treatment recommended to you by any medical practitioner.
iv. Any diet plans or advice or information that may be provided on the Platform is for information only, does not constitute a medical opinion or advice or a diagnosis or treatment and is not a substitute for professional medical advice, diagnosis or treatment.
10.2 Not for Medical Emergencies and not a replacement for your Primary Care Physician:
i. The service we provide is NOT for use in the event of a medical emergencies, for life threatening conditions or for acute care. You should not disregard or delay in seeking medical advice from your physician based on anything that appears or is provided to you by or through the Platform.
ii. The consultation provided to you by medical practitioners through the Platform are not intended to replace your relationship with your primary care physician, and you should continue to consult your primary care physician and other health care professionals as needed / recommended. You should seek emergency help or follow-up care when recommended by a medical practitioner or when you are of the opinion that such help or care is prudent in your opinion.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All intellectual property in and related to the Platform, any software, service, techniques and processes used in connection with the Platform, belongs exclusively to Roojh or its licensors. Through your use of the Platform, by no means are any rights impliedly or expressly granted by Roojh to you in respect of such Platform.
11.2 Roojh and/or its licensors assert all proprietary rights in and to all names and copyrights, trademarks contained on or related to the Platform. Any use of the Roojh’s trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of Roojh and may be actionable under the applicable laws. You will not remove, alter, obscure or modify any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the services.
12. PAYMENT, FEES AND TAXES
12.1 You agree to pay all service fees, consulting fees, reasonable expenses and other fees applicable to your use of the services. While we strive to give you a fair estimate of fees in advance, the actual fee may be dependent on the type of services that you purchase and may vary based on the number or duration of the services subscribed to.
12.2 The fees could be paid online through the facility made on the Platform. Roojh uses a third-party payment processing services and is not responsible for any loss or damage incurred by you during this process by these third parties.
12.3 All fees are exclusive of taxes. The payment process would be complete only on receipt of the amount by us.
12.4 You may be requested to make the payment immediately or on a deferred basis, at based on the type of service or product being availed by you.
12.5 We may share an intimation of fee receipt through an email and/or your contact details within seven (7) working days of fee receipt from You.
12.6 Roojh reserves the right to modify the fee structure by modifying these Terms which shall be considered as valid and agreed communication.
13. TERMINATION
13.1 Roojh reserves the right to suspend or terminate a user’s access to the Platform and the services with or without notice and to exercise any other remedy available under law, in the event:
i. Such user is in breach of this Terms of Use, Privacy Policy or in violation of any other applicable laws in India;
ii. A third-party reports violation of any of its right as a result of your use of the services;
iii. Roojh is unable to verify or authenticate any information provided by you;
iv. Roojh has reasonable grounds for suspecting any illegal, fraudulent, or abusive activity on part of such user; or
v. Roojh believes in its sole discretion that User’s actions may cause inconvenience and give rise to liability for such User, other users or for Roojh or are contrary to the interests of the Platform.
13.2 Once temporarily suspended, indefinitely suspended or terminated, the user may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such user shall no longer have access to data, messages, files and other material kept on the Platform by such user. The user shall ensure that he/she/it has continuous backup of any medical services the user has rendered to comply with the user’s record keeping process and practices.
14. MAINTENANCE
14.1 Every effort is made to keep the Platform up and running smoothly, and aligned to all applicable laws, rules, standards and regulations. However, Roojh takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond its reasonable control. Further, Roojh may at its sole discretion, at any time deactivate or/and suspend your access to the Platform, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work.
14.2 Without prejudice to any other provisions of these Terms, Roojh shall not be responsible for any loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you to Roojh shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL ROOJH BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS, PROFITS, GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM OR THE EXECUTION OR PERFORMANCE OF THE SERVICES, OR FROM THE USE OR INABILITY TO USE THE PLATFORM OR PLATFORM CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHERS AS A RESULT OF YOUR USE OF THE PLATFORM, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ROOJH HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. INDEMNITY
YOU HEREBY INDEMNIFY, DEFEND, AND HOLD ROOJH, ROOJH’S DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS , AND EACH OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES AND COSTS ARISING FROM (I)YOUR USE OF THE PLATFORM (II) YOUR BREACH OF PROVISIONS OF THIS AGREEMENT AND (III) ANY NEGLIGENT OR INTENTIONAL WRONGDOING ON YOUR PART..
17. NO WARRANTY
ROOJH DISCLAIM ALL WARRANTIES REGARDING SERVICES UNLESS EXPRESSLY AGREED IN WRITING HEREUNDER. WE SHALL ENDEAVOR TO MAINTAIN OUR SERVICES AND OUR SECURITY CERTIFICATION ON A BEST-EFFORT BASIS; HOWEVER, WE DO NOT WARRANT THAT THE SERVICE WILL BE FREE FROM ERROR, MALICIOUS CODE OR ANY VIRUS OR PROVIDED IN AN UNINTERRUPTED MANNER.
ROOJH HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT ROOJH KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR ELSEWHERE.
18. FORCE MAJEURE
In the event either party’s performance under this Terms of Use is prevented or delayed in whole or any part due to, circumstances or events beyond their control including but not limited to delays due to floods, fires, accidents, earthquakes, riots, explosions, wars, hostilities, acts of government, custom barriers, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis (including quarantines), or other causes of like character (“Force Majeure Event”), then to the extent the parties are prevented or delayed from performing their obligations hereunder by reason thereof despite due diligence and reasonable efforts to do so notwithstanding such causes, circumstances or events, the parties shall be excused from performance hereunder for so long as such causes, circumstances or events shall continue to prevent or delay such performance. The occurrence of a Force Majeure Event shall be communicated immediately to the other party..
19. GOVERNING LAW AND DISPUTE RESOLUTION
This Terms of Use shall be interpreted, construed and enforced in all respects in accordance with the laws of India. Subject to arbitration, Courts of Gurugram, Haryana, India shall have exclusive jurisdiction in any matter related with this Terms of Use.
All differences, disputes, issues arising out of these Terms of Use shall be resolved by a Sole Arbitrator appointed under the provision of the Arbitration and conciliation Act. The Arbitration shall be conducted in accordance with the Arbitration & Conciliation Act, 1996 and the accompanying rules. The costs of the Arbitration shall be borne equally by both parties. The decision of the arbitrator shall be final and binding. The arbitration proceedings shall be in English. The venue of the arbitration proceedings shall exclusively be held at Gurugram, Haryana, India.
20. GENERAL TERMS
20.1 Roojh may use consultants and other sub-contractors in connection with the performance of obligations and exercise of rights under these Terms.
20.2 These Term constitutes the entire understanding between you and Roojh and replaces any prior Terms between you and Roojh in relation to the Platform.
20.3 You acknowledge that Roojh’s failure to exercise or enforce any legal right or remedy provided in these Terms (or which Roojh has the benefit of under any applicable law), will not be construed as a formal waiver of Roojh’s rights and that Roojh will still be entitled to use those rights or remedies.
20.4 Any provision of these Terms that is determined by the competent authority to be invalid or unenforceable in whole or in part, shall not affect the legality of the remainder of these Terms.
20.5 Any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you first started using the Platform are not covered by Roojh’s policies.
20.6 You are not permitted to assign or transfer any rights you have under these Terms without Roojh’s prior written consent. Furthermore, Roojh can grant, assign, delegate or transfer its rights, responsibilities, and obligations of these Terms without your prior approval.
21. GRIEVANCE OFFICER
We have appointed a Grievance Officer to address any concerns or grievances that you may have regarding the processing of your Personal Information. In the event you have any such grievances, please write to our Grievance Officer at customercare@roojh.com and our officer will attempt to resolve your issues in a timely manner.
